NATURALIZATIO

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  NATURALIZATION. The act by which an alien is made a citizen of the United 
  States of America. 
       2. The Constitution of the United States, art. 1, s. 8, vests in 
  congress the power "to establish an uniform rule of naturalization." In 
  pursuance of this authority congress have passed several laws on this 
  subject, which, as they are of general interest, are here transcribed as far 


  as they are in force. 
       3.-1. An act to establish an uniform rule of naturalization, and to 
  repeal the acts heretofore passed on that subject. Approved April 14, 1802. 
  7 Hill, 137. 
       Sec. 1. Be it enacted, &c, That any alien, being a free white person, 
  may be admitted to become a citizen of the United States, or any of them, on 
  the following conditions, and not otherwise: First, That be shall have 
  declared, on oath or affirmation, before the supreme, superior, district, or 
  circuit court, of some one of the states, or of the territorial districts of 
  the United States, or a circuit or district court of the United States, 
  three years at least before his admission, that it was, bona fide, his 
  intention to become a citizen of the United States, and to renounce forever 
  all allegiance and fidelity to any foreign prince, potentate, state, or 
  sovereignty, whatever, and particularly, by name, the prince, potentate, 
  state or sovereignty, whereof such alien may, at the time, be a citizen or 
  subject. Secondly, That he shall, at the time of his application to be 
  admitted, declare, on oath or affirmation, before some one of the courts 
  aforesaid, that he will support the constitution of the United States, and 
  that he doth absolutely and entirely renounce and abjure all allegiance and 
  fidelity to every foreign prince, potentate, state, or sovereignty, 
  whatever, and particularly, by name, the prince, potentate, state, or 
  sovereignty, whereof he was before a citizen or subject; which proceedings 
  shall be recorded by the clerk of the court. Thirdly, That the court 
  admitting such alien shall be satisfied that he has resided within the 
  United States five years, at least, and within the state or territory where 
  such court is at the time held, one year at least; and it shall further 
  appear to their satisfaction, that, during that time, he has behaved as a 
  man of good moral character, attached to the principles of the constitution 
  of the United States, and well disposed to the good order and happiness of 
  the same: 
       4. Provided, That the oath of the applicant shall, in no case, be 
  allowed to prove his residence. Fourthly, That in case the alien, applying 
  to be admitted to citizenship, shall have borne any hereditary title, or 
  been of any of the orders of nobility, in the kingdom or state from which he 
  came, he shall in addition to the above requisites, make a express 
  renunciation of his title or order of nobility, in the court to which his 
  application shall be made, which renunciation shall be recorded in the said 
  court: 
       5. Provided, That no alien, who shall heretofore passed on that 
  subject. Approved April 14, 1802. 7 Hill, 137. Sec. 1. Be it enacted, &c. 
  That any alien, being a free white person, may be admitted to become a 
  citizen of the United States, or any of them, on the following conditions, 
  and not otherwise: First, That he shall have declared, on oath or 
  affirmation, before the supreme, superior, district, or circuit court, of 
  some one of the states, or of the territorial districts of the United 
  States, or a circuit or district court of the United States, three years at 
  least before his admission, that it was, bona fide, his intention to become 
  a citizen of the United States, and to renounce forever all allegiance and 
  fidelity to any foreign prince, potentate, state, or sovereignty, whatever, 
  and particularly, by name, the prince, potentate, state or sovereignty, 
  whereof such alien may, at the time, be a citizen or subject. Secondly, That 
  be shall, at the time of his application to be admitted, declare, on oath or 
  affirmation, before some one of the courts aforesaid, that he will support 
  the constitution of the United States, and that he doth absolutely and 
  entirely renounce and abjure all allegiance and fidelity to every foreign 
  prince, potentate, state, or sovereignty, whatever, and particularly, by 
  name, the prince, potentate, state, or sovereignty, whereof he was before a 
  citizen or subject; which proceedings shall be recorded by the clerk of the 
  court. Thirdly, That the court admitting such alien shall be satisfied that 
  he has resided within the United States five years, at least, and within the 
  state or territory where such court is at the time held, one year at least; 
  and it shall further appear to their satisfaction, that, during that time, 
  he has behaved as a man of good moral character, attached to the principles 
  of the constitution of the United States, and well disposed to the good 
  order and happiness of the same: 
       4. Provided, That the oath of the applicant shall, in no case, be 
  allowed to prove his residence. Fourthly, That in case the alien, applying 
  to be admitted to citizenship, shall have borne any hereditary title, or 
  been of any of the orders of nobility, in the kingdom or state from which he 
  came, he shall, in addition to the above requisites, make an express 
  renunciation of his title or order of nobility, in the court to which his 
  application shall be made, which renunciation shall be recorded in the said 
  court: 
       5. Provided, That no alien, who shall be a native citizen, denizen, or 
  subject, of any country, state, or sovereign, with whom the United States 
  shall be at war, at the time of his application, shall be then admitted to 
  be a citizen of the United States: 
       6. Provided, also, That any alien who was residing within the limits, 
  and under the jurisdiction, of the United States, before the twenty-ninth 
  day of January, one thousand seven hundred and ninety-five, may be admitted 
  to become a citizen, on due proof made to some one of the courts aforesaid, 
  that he has resided two years, at least, within and under the jurisdiction 
  of the United States, and one year, at least, immediately preceding his 
  application within the state or territory where such court is at the time 
  held; and on his declaring on oath, or affirmation, that he will support the 
  constitution of the United States, and that be doth absolutely and entirely 
  renounce and abjure all allegiance and fidelity to any foreign prince, 
  potentate, state, or sovereignty, whatever, and particularly, by name, the 
  prince, potentate, state, or sovereignty, whereof he was before a citizen or 
  subject; and, moreover, on its appearing to the satisfaction of the court, 
  that, during the said term of two years, he has behaved as a man of good 
  moral character, attached to the constitution of the United States, and well 
  disposed to the good order and happiness of the same; and where the alien, 
  applying, for admission to citizenship, shall have borne any hereditary 
  title, or been of any of the orders of nobility in the kingdom or state from 
  which be came, on his moreover making in the court an express renunciation 
  of his title or order of nobility, before he shall be entitled to such 
  admission: all of which proceedings, required in this proviso to be 
  performed in the court, shall be recorded by the clerk thereof: 
       7. And provided, also, That any alien who was residing within the 
  limits, and under the jurisdiction, of the United States, at any time 
  between the said twenty-ninth day of January, one thousand seven hundred and 
  ninety-five, and the eighteenth day of June, one thousand seven hundred and 
  ninety-eight, may, within two years after the passing of this act, be 
  admitted to become a citizen, without a compliance with the first condition 
  above specified. 
       8.-Sec. 3. And whereas, doubts have arisen whether certain courts of 
  record, in some of the states, are included within the description of 
  district or circuit courts: Be it further enacted, That every court of 
  record in any individual state, having common law jurisdiction, and a seal, 
  and clerk or prothonotary, shall be considered as a district court within 
  the meaning of this act; and every alien, who may have been naturalized in 
  any such court, shall enjoy, from and after the passing of the act, the same 
  rights and privileges, as if he had been naturalized in a district or 
  circuit court of the United States. 
       9.-Sec. 4. That the children of persons duly naturalized under any of 
  the laws of the United States, or who, previous to the passing of any law on 
  that subject by the government of the United States, may have become 
  citizens of any one of the said states, under the laws thereof, being under 
  the age of twenty-one years, at the time of their parents' being so 
  naturalized or admitted to the rights of citizenship, shall, if dwelling in 
  the United States, be considered as citizens of the United States; and the 
  children of persons who now are, or have been, citizens of the United 
  States, shall, though born out of the limits and jurisdiction of the United 
  States, be considered as citizens of the United States: 
      10. Provided, That the right of citizenship shall not descend to persons 
  whose fathers have never resided within the United States: 
      11. Provided also, That no person heretofore proscribed by any state, or 
  who has been legally convicted of having joined the army of Great Britain 
  during the late war, shall be admitted a citizen, as aforesaid, without the 
  consent of the legislature of the state in which such person was proscribed. 
      12.-Sec. 5. That all acts heretofore passed respecting naturalization, 
  be, and the same are hereby repealed. 
      13.-2. An act in addition to an act, entitled "An act to establish an 
  uniform rule of naturalization; and to repeal the acts heretofore passed on 
  that subject." Approved March 26, 1804. 
      14.-Sec. 1. 'Be it enacted, &c. That any alien, being a free white 
  person, who was residing within the limits, and under the jurisdiction of 
  the United States, at any time between the eighteenth day of June, one 
  thousand seven hundred and ninety-eight, and the fourteenth day of April, 
  one thousand eight hundred and two, and who has continued to reside within 
  the same, may be admitted to become a citizen of the United States, without 
  a compliance with the first condition specified in the first section of the 
  act, entitled "An act to establish an uniform rule of naturalization, and to 
  repeal tile acts heretofore passed on that subject." 
      15.-Sec. 2. That when any alien who shall have complied with the first 
  condition specified in the first section of the said original act, and who 
  shall have pursued the directions prescribed in the second section of the 
  said act, may die, before he is actually naturalized, the widow and the 
  children of such alien shall be considered as citizens of the United States; 
  and shall be entitled to all the rights and privileges as such, upon taking 
  the oaths prescribed by law. 
      16.-3. An act for the regulation of seamen on board the public and 
  private vessels of the United States. 
      17.-Sec. 12. That no person who shall arrive in the United States, 
  from and after the time when this act shall take effect, shall be admitted 
  to become a citizen of the United States, who shall not, for the continued 
  term of five years, next preceding his admission as aforesaid, have resided 
  within the United States, without being, at any time during the said five 
  years, out of the territory of the United States. App. March 3, 1813. 
      18.-4. An act supplementary to the acts heretofore passed on the 
  subject of an uniform rule of naturalization. App. July 30, 1813. 
      19.-Sec. 1. Be it enacted, &c. That persons resident within the United 
  States, or the territories thereof, on the eighteenth day of June, in the 
  year one thousand eight hundred and twelve, who had, before that day, made a 
  declaration, according to law, of their intentions to become citizens of the 
  United States, or who, by the existing laws of the United States, were, on 
  that day, entitled to become citizens without making such declaration, may 
  be admitted to become citizens thereof" notwithstanding they shall be alien 
  enemies, at the time and in the manner prescribed by the laws heretofore 
  passed on the subject: Provided, That nothing herein contained shall be 
  taken or construed to interfere with, or prevent the apprehension and 
  removal, agreeably to law, of any alien enemy at any time previous to the 
  naturalization of such alien. 
      20.-5. An act relative to evidence in case of naturalization. App. 
  March 22, 1816. 
      21.-Sec. 2. That nothing herein contained shall be construed to 
  exclude from admission to citizenship, any free white person who was 
  residing within the limits and under the jurisdiction of the United States 
  at any time between the eighteenth day of June, one thousand seven hundred 
  and ninety-eight, and the fourteenth day of April, one thousand eight 
  hundred and two, and who, having continued to reside therein, without having 
  made any declaration of intention before a court of record as aforesaid, may 
  be entitled to become a citizen of the United States according to the act of 
  the twenty-sixth of March, one thousand eight hundred and four, entitled "An 
  act in addition to an act, entitled 'An act to establish an uniform rule of 
  naturalization, and to repeal the acts heretofore passed on that subject.' 
  "Whenever any person, without a certificate of such declaration of 
  intention, as aforesaid, shall make application to be admitted a citizen of 
  the United States, it shall be proved, to the satisfaction of the court, 
  that the applicant was residing within the limits and under the jurisdiction 
  of the United States before the fourteenth day of April one thousand eight 
  hundred and two, and has continued to reside within the same, or be shall 
  not be so admitted. And the residence of the applicant within the limits and 
  under the jurisdiction of the United States, for at least five years 
  immediately preceding the time of such application, shall be proved by the 
  oath or affirmation of citizens of the United States; which citizens shall 
  be named in the record as witnesses. And such continued residence within the 
  limits and under the jurisdiction of the United States, when satisfactorily 
  proved, and the place or places where the applicant has resided for at least 
  five years, as aforesaid, shall be stated and set forth, together with the 
  names of such citizens, in the record of the court admitting the applicant; 
  otherwise the same shall not entitle him to be considered and deemed a 
  citizen of the United States. 
      22.-6. An act in further addition to "An act to establish an uniform 
  rule of naturalization, and to repeal the acts heretofore passed on that 
  subject." App. Ma 26, 1824. 
      23.-Sec. 1. Be it enacted, &c. That an alien, being a free white 
  person and a minor under the age of twenty-one years, who shall have resided 
  in the United States three years next preceding his arriving at the age of 
  twenty-one years, and who shall have continued to reside therein to the time 
  be way make application to be admitted a citizen thereof, may, after he 
  arrives at the age of twenty-one years, and after be shall have resided five 
  years within the United States, including the three years of his minority, 
  be admitted a citizen of the United States, without having made the 
  declaration required in the first condition of the first section of the act 
  to which this is an addition, three years previous to his admission. 
      24. Provided, such alien shall make the declaration required therein at 
  the time of his or her admission; and shall further declare, on oath, and 
  prove to the satisfaction of the court, that, for three years next 
  preceding, it has been the bona fide intention of such alien to become a 
  citizen of the United States; and shall, in all other respects, comply with 
  the laws in regard to naturalization. 
      25.-Sec. 2. That no certificates of citizenship, or naturalization, 
  heretofore obtained from any court of record within the United States, shall 
  be deemed invalid, in consequence of an omission to comply with the 
  requisition of the first section of the act, entitled "An Act relative to 
  evidence in cases of naturalization," passed the twenty-second day of March, 
  one thousand eight hundred and sixteen. 
      26.-Sec. 3. That the declaration required by the first condition 
  specified in the first section of the act, to which this is an addition, 
  shall, if the same shall be bona fide, made before the clerks of either of 
  the courts in the said condition named, be as valid as if it had been made 
  before the said courts, respectively. 
      27.-Sec. 4. That a declaration by any alien, being a free white 
  person, of his intended application to be admitted a citizen of the United 
  States, made in the manner and form prescribed in the first condition 
  specified in the first section of the act to which this is an addition, two 
  years before his admission, shall be a sufficient compliance with said 
  condition; anything in the said act, or in any subsequent act, to the 
  contrary notwithstanding. 
      28.-7. An mot to amend the acts concerning naturalization. App. May 
  24, 1828. 
      29.-Sec. 1. Be it enacted, &c. That the second section of the act, 
  entitled "An act to establish an uniform rule of naturalization, and to 
  repeal the acts heretofore passed on that subject," which was passed on the 
  fourteenth day of April, one thousand eight hundred and two, and the first 
  section of the act, entitled "An act relative to evidence in cases of 
  naturalization," passed on the twenty-second day of March, one thousand 
  eight hundred and sixteen, be, and the same are hereby repealed. 
      30.-Sec. 2. That any alien, being a free white person, who has resided 
  within the limits and under the jurisdiction of the United States, between 
  the fourteenth day of April, one thousand eight hundred and two, and the 
  eighteenth day of June, one thousand eight hundred and twelve, and who has 
  continued to reside within the same, may be admitted to become a citizen of 
  the United States, without having made any previous declaration of his 
  intention to become a citizen: 
      31. Provided, That whenever any person without a certificate of such 
  declaration of intention, shall make application to be admitted a citizen of 
  the United States, it shall be proved to the satisfaction of the court, that 
  the applicant was residing within the limits, and under the jurisdiction of 
  the United States, before the eighteenth day of June, one thousand eight 
  hundred and twelve, and has continued to reside within the same, or he shall 
  not be so admitted; and the residence of the applicant within the limits and 
  under the jurisdiction of the United States, for at least five years 
  immediately preceding the time of such application, shall be proved by the 
  oath or affirmation of citizens of the United States, which citizens shall 
  be named in the record as witnesses; and such continued residence within the 
  limits and under the jurisdiction of the United States when satisfactorily 
  proved, and the place or places where the applicant has resided for at least 
  five years as aforesaid, shall be stated and set forth, together with the 
  names of such citizens, in the record of the court admitting the applicant; 
  otherwise the same shall not entitle him to be considered and deemed a 
  citizen of the United States.